DIGITAL PRODUCT TESTING PLATFORM
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On the website https://us-producttesting.puma.com/ (“Website”), PUMA North America, Inc., 455 Grand Union Blvd., Somerville, MA 02145 (“PUMA”/“We”/“Us”) provides a platform for services related to the testing of PUMA products (“Product Tests”) as further described below (“DPTP”). By using the DPTP in any way, you (“Tester”/“You”) agree to these terms of use (“Terms of Use”). Please read these Terms of Use carefully and familiarize Yourself with the provisions provided herein. These Terms of Use do not cover the execution of a Product Test itself as well as any obligations You may have in relation to a Product Test, which in each case shall be governed by a separate Test Agreement to be entered into between Us and You.
1.1 You can register for participating in Product Tests on the DPTP if you are a natural person in the U.S. who is at least 18 years old.
1.2 Participation in Product Tests requires that You have an account on the DPTP. In order to create a DPTP account, You need to enter an e-mail address and define a password (“Login Details”) and provide the information required by Us in relation to Product Tests (“Personal Settings”).
1.3 After filling in the Personal Settings, accepting these Terms of Use and pushing the button "Register Account” (or similar) Your DPTP account (“Account”) is created and we receive Your application for becoming a PUMA Product Tester (“Tester Application”).
1.4 You acknowledge that You are required to provide correct and complete Personal Settings and keep them up to date at any time to allow for meaningful Product Tests.
1.5 You must ensure that You protect the Login Details used for registration against access by third parties and store them in a secure and safe place. If You have reason to believe that the confidentiality of Your Login Details has been compromised or unauthorized access to Your Account is otherwise possible, You agree to promptly change the Login Details and notify Us immediately.
1.6 We have the right to request password changes from time to time. We may suspend access to Your Account pursuant to Section 9 until such password change has been made.
1.7 You acknowledge that the Product Test capacity as well as the number of approved Testers is limited. For this reason, PUMA applies certain objective criteria for approving/declining Tester Applications as well as for assigning Product Tests. It is at PUMA’s sole discretion whether Your Tester Application is approved or not. If You are an accepted Tester, it is at PUMA’s sole discretion whether You are assigned a specific Product Test. You neither have a right to be accepted as a Tester nor the right to assignment of a specific Product Test.
1.8 If PUMA declines Your Tester Application, You will not participate any Product Test(s).
2.1 After Your Tester Application has been approved by PUMA, You can access the DPTP to manage Product Tests. If You set your availability to “Available for testing” (or similar) in your Personal Settings, PUMA can assign a Product Test to You via the DPTP.
2.2 If PUMA assigns a Product Test to You, You will get a notification via email. In the notification, You will receive information regarding the Product Test process.
2.3 It is at Your discretion to accept a Product Test assigned to You. For managing test cycles efficiently, We ask You to accept or decline a Product Test assigned to you without undue delay.
2.4 As a condition of participating in a Product Test(s), PUMA may require You to answer feedback questions or to upload pictures or other test-related content via the DPTP (“Feedback”). Under no circumstances shall any disclosure of any Feedback including, without limitation, any idea, suggestion or related material to PUMA be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to PUMA, You assign to PUMA all rights therein and represent and warrant that PUMA is free to implement and use the Feedback in its discretion, without obtaining permission or license from any third party, as further set forth in Section 6 hereof.
Use of the DPTP or Participation in any Product Test(s) shall not entitle You to any compensation.
4.1 We offer You the possibility to use the DPTP if and to the extent that the DPTP is available and functional. However, We do not guarantee the continuous availability and functionality of the DPTP.
4.2 We offer the possibility to use the DPTP only with the functionalities and the quality that the DPTP currently provides at the time, but We do not promise any functionality or quality.
4.3 We are entitled to change the DPTP, at any time and without prior notice, including to modify functionalities (“Changes”). However, We are not obligated to make any Changes.
THE DPTP AND RELATED SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUMA AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR BUG-FREE. YOU ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR USE OF THE DPTP. PUMA SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED BY PUMA OR THE DPTP OR ANY ACTIONS TAKEN BY YOU IN CONNECTION THEREWITH. THIS EXCLUSION SHALL BE APPLICABLE NOTWITHSTANDING THE FORM OF THE CLAIM, E.G. CONTRACT, NEGLIGENCE OR OTHERWISE.
6.1 The DPTP and all of the content featured or displayed on the DPTP, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (collectively “Content”), is owned by PUMA, Our licensors and/or content providers. All elements of the DPTP, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Content or any part thereof. You will not remove any copyright, trademark or other proprietary notices from the Content.
6.2 The DPTP contains many trademarks, trade names, service marks, copyrights and or logos of PUMA and may also contain several protected marks of PUMA's numerous affiliates. Such marks remain the property of their respective owners. You recognize and acknowledge the ownership of these marks and understand that You do not acquire, through use of the DPTP or otherwise, any right, title, or interest in the marks. You agree that You will not change, modify and or exploit the marks, nor participate in any activity which modifies and or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization of PUMA is strictly prohibited.
6.3 Any use of the DPTP for an illegal or objectionable purpose is strictly prohibited. You agree that You will not use the DPTP or any applicable Product Test(s) to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc., as further set forth in Section 7. By using the DPTP, You agree that any and all information transmitted to or with the use of the DPTP cannot and shall not be deemed confidential or proprietary. PUMA reserves the right to monitor transmissions and investigate any alleged prohibited use of the DPTP and to disclose any and all information relating to such prohibited use. PUMA, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to Your or any other individual's illegal or prohibited use of the DPTP. Any violation of this or any other section contained herein may result in termination of use of the SPTP or other service and or any other action PUMA determines appropriate under the circumstances.
7.1 If You create and provide Us with Feedback, You assign to Us all right, title, and interest (including all copyright, patent, and other intellectual property rights) in such Feedback for all current and future methods and forms of exploitation in any way. If such rights in Feedback cannot be effectively assigned under applicable law, You grant Us the exclusive, worldwide, unrestricted, perpetual, irrevocable, royalty-free rights to use and exploit such Feedback for all current and future methods and forms of exploitation in any way; such rights include in particular, but are not limited to, the right to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell, offer to sell, import, modify and make derivative works based on, and otherwise exploit that Feedback.
7.2 We are not required to make use of any Feedback. It is in Our sole discretion whether and how We use any Feedback provided by You. If We make use of Your Feedback, We are not required to credit or compensate You in any way or form.
8.1 You are responsible to ensure that the electronic equipment You use has all the relevant technical specifications that are required for using the DPTP.
8.2 You must not create any Feedback that is misleading, insulting, offensive, discriminatory, is defamatory or promotes or supports an illegal act or otherwise violates applicable law.
8.3 You agree to use the DPTP solely in compliance with all applicable laws. You are prohibited from using the DPTP to support activities that may cause Us to violate applicable law.
8.4 You also agree not to use the DPTP in a way that
a) searches, retrieves, copies or monitors the DPTP and/or its elements using a program, algorithm, or comparable method for collecting or extracting data (such as using automated tools like bots, spiders, or scrapers),
b) is designed to modify, reproduce, or otherwise make available to the public, or publicly broadcast, or create a separate service comparable to, or to replicate (any part of) the DPTP,
c) damages, disrupts or otherwise impairs the operation of the DPTP as well as the systems, infrastructure and/or applications used to operate it, which includes sending, transmitting or implementing files that contain viruses, worms, Trojan horses, or other harmful or destructive features,
d) is designed to investigate, scan or test vulnerabilities of the DPTP or to circumvent or compromise security and/or authentication measures that protect the DPTP and/or its elements; or
e) copies, translates, disassembles, decompiles, reverse engineers or otherwise modifies the software of the DPTP in whole or in part, or creates derivative works thereof
8.5 You understand and acknowledge that the DPTP is offered by Us without support services.
The DPTP may contain links to other sites. These links are provided merely to assist You. These sites are independent of the DPTP, and PUMA does not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect those beliefs held by PUMA. The inclusion of a link does not mean that PUMA accepts or endorses any of the content contained in such site. You are responsible to protect yourself while associating with the linked site. PUMA, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors expressly disclaims any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.
10.1 Without limiting PUMA’s rights or remedies, We may at Our sole discretion suspend access to Your Account without liability if We determine in Our sole discretion or have reasonable grounds to suspect that Your use of the DPTP:
a) violates these Terms of Use and/or applicable law,
b) infringes the rights of third parties,
c) poses a security risk to the functionality of the DPTP,
d) could subject Us and/or other users to liability,
e) could be fraudulent, or
f) for any other reason with or without cause at any time in PUMA’s sole and absolute discretion.
10.2 We will remove a suspension as soon as the reason for the suspension no longer exists. For any questions regarding suspension, You may contact Us at info.producttesting@puma.com.
EXCEPT IN CONNECTION WITH DEATH OR PERSONAL INJURY RESULTING FROM PUMA'S GROSS NEGLIGENCE, IN NO EVENT SHALL PUMA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THE DPTP OR ANY USE THEREOF, WHETHER OR NOT YOU HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. YOUR ONLY REMEDY AGAINST PUMA IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE DPTP OR ANY CONTENT IS TO STOP USING THE DPTP. IF PUMA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE DPTP OR ANY CONTENT, PUMA'S LIABILITY SHALL NOT EXCEED US$100.00.
You hereby agree to indemnify, defend, and hold harmless, PUMA, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) incurred by PUMA or any of the foregoing as a result of Your use of the DPTP. PUMA has the right to control any defense pertaining to this section.
You acknowledge that any personal information that you provide through the DPTP will be used by Us in accordance with Our Privacy Policy (available at https://us-producttesting.puma.com/), which may be updated by Us from time to time.
14.1 Use of the DPTP is conditioned upon Your acceptance of the terms and conditions contained herein. All users of the DPTP hereby understand and agree that their use of the DPTP constitutes acceptance of the terms and conditions set forth herein. PUMA, and the PUMA group of companies, (hereinafter collectively referred to as "PUMA"), reserve the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use the DPTP. The DPTP may contain typographical errors or technical inaccuracies. PUMA reserves the right to modify the content of the DPTP at any time without prior notice. PUMA's failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision.
14.2 These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regard to any choice of law principles. You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of the State of Massachusetts and of the United States of America located in the State of Massachusetts for any and all claims arising from the DPTP or Your use thereof.
14.3 If one or more of the provisions contained in these terms and conditions are held to be unenforceable, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms and conditions and the balance of these terms and conditions shall be enforceable.
14.4 Notwithstanding any other provision set forth in these terms and conditions, PUMA shall not be liable for any failure or delay in its performance due to any cause beyond PUMA's reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, pandemics, disease outbreak, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts.
14.5 Nothing in these terms and conditions is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship or that of employer and employee between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.
14.6 These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.
